People of little
education are still less able to either see or explain. The only safe
way is to obtain a composite photograph of the witness's mind and of
the thoughts that arise from the original perception, a continuation
of impressions.
Judges or juries never determine cases by first deciding which witness
is telling the truth or at least the exact truth. They take it for
granted that both sides are lying somewhat; that no matter how well
they mean and how hard they try, all witnesses are incapable of
telling the exact truth. The unfortunate part of the law is that this
is not officially recognized. There is a hypocrisy in not recognizing
the inadequacy of human eyes and ears to grasp even simple concrete
facts. A timidity exists that will not allow the admission of human
imperfection.
The proof of this is that when three witnesses go on the stand and
describe a thing as having happened in the same way, immediately there
is a strong doubt in the mind of the jury about the whole case.
Suppose the question of the time a crime was committed arises and the
defense tries to prove an alibi by showing the defendant was in a
saloon at that time. There may have been three witnesses who really
saw him at the same time.
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